Prashant Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9990 of 2021 ====================================================== Prashant Kumar ... ... Petitioner/s

Versus

The Union of India ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Respondent/s :

Mr.Dr. K.N. Singh (ASG) For the State :

Mr. Khurshid Alam AAG 12 For NHAI :

Mr. S.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2022 Heard the parties.

It is an admitted fact that the award dated 08.09.2020 passed by the Arbitrator-cum-Divisional Commissioner, Patna is an ex-parte award in which the petitioner was neither noticed nor heard.

Accordingly, the impugned order dated 08.09.2020 passed by the Arbitrator-cum-Divisional Commissioner, Patna (Annexure IV) and impugned order dated 01.12.2020 passed by DLAO, Kaimur (Annexure V) is set aside and this application is allowed.

The matter is remitted back to the Arbitrator-cumDivisional Commissioner, Patna for fresh hearing.

Patna High Court CWJC No.9990 of 2021(3) dt.09-11-2022 2/2 Both the parties will appear before the Arbitratorcum-Divisional Commissioner, Patna on 23.11.2022 along with a copy of this order and thereafter within two months the Competent Authority of Land Acquisition in short "CALA" will pass appropriate order.

(Sandeep Kumar, J) Vikas/- U